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BANK LEUMI USA v. KLOSS

R-5 Sept.Term 2019 083372.

221 A.3d 585 (2019)

240 N.J. 190

BANK LEUMI USA, Plaintiff-Appellant, v. Edward J. KLOSS, Kloss Company LLC, d/b/a Crib & Teen City, Defendants-Respondents.

Supreme Court of New Jersey.

December 5, 2019.

ORDER

The United States Court of Appeals for the Third Circuit having certified to the Supreme Court the following question of law pursuant to Rule 2:12A-3:

When a party filed, in lieu of an answer, a motion to dismiss under N.J. Ct. R. 4:6-2(e) for failure to state a claim, and the court dismissed with prejudice, is that party subject to claim preclusion when—in a later suit that it files arising from the same transactional...

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